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CaseLaw

Meregini VS. FRN (2018) CLR 3(b) (SC)

Judgement delivered on March 9, 2018

Brief

  • Stealing
  • Bail
  • Bail pending appeal
  • Section 285 (1) of Criminal Law of Lagos State 2011
  • Section 138 of the Evidence Act
  • Section 31 (1) of the Supreme Court Act 2004
  • Section 6 (6) of the 1999 Constitution (as amended)
  • Section 409 of criminal Law of Lagos State
  • Order 9 Rule 4 (1) of the Supreme Court Rules

Facts

By a motion on notice filed on 30th October 2017, the applicant herein, seeks the indulgence of this court, to grant him the following orders:

  • a.
    An order of this Honourable Court admitting the Appellant to bail unconditionally, or upon such reasonable conditions as this Honourable court may deem, pending the hearing and determination of the Appellant's appeal against the judgment of the Court of Appeal, Lagos-Judicial division, delivered on the 5th day of July 2017;
  • b.
    AND for such further or other orders as this Honourable court may deem fit or expedient to make in the circumstance.

The application is brought pursuant to Section 31 (1) of the Supreme Court Act 2004, Order 9 Rule 4 (1) of the Supreme Court Rules; and under Section 6 (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The motion is supported by a twenty one (21) paragraph affidavit. The grounds upon which the application is hinged are set out hereunder-

  • 1.
    The Appellant was charged for the offence of stealing contrary to Section 285(1) of the Criminal Laws of Lagos State, 2011 and was on bail during the entire trial proceedings at the Lagos State High Court. He is currently in Kirikiri Prison, Lagos, as the final judgment of the trial court found him guilty, convicted and sentenced him to a term of three years imprisonment, to run from the 8th November, 2016, the date of judgment.
  • 2.
    The Appellant appealed against the said judgment, dated the 8th November, 2016, of the trial High Court
  • 3.
    By a judgment dated the 5th day of July the Court of Appeal Lagos Judicial Division, dismissed the Appellant's appeal and affirmed the judgment of the trial High Court of Lagos State.

Issues

  • 1.
    Whether the offence under which the Appellant/Applicant was convicted is...
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